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    • Great thanks! I have refined it -    ‘Dear Prosecutions Manager,   I would first of all like to start my response by saying how deeply sorry I am. I realise my actions were wrong and it is in no way representative of how much respect I have for Southeastern and their staff.  I am remorseful about the poor decision I have made. I’d like to try and explain my circumstances at the time I evaded my fare. I have recently returned to work but I have been on reduced pay for a while due to COVID-19 which led to me committing the incident mentioned. Additionally, I have been under stress as both my parents have been diagnosed with long term illnesses during the pandemic and I have been concerned about travelling and exposing them to COVID-19. Although I don’t live with them, they have been reliant on me during the pandemic to collect shopping, medication and support them throughout hospital and doctor’s appointments. The extra pressure has taken a toll on my mental health and I have consequently made a careless choice. I was so ashamed of myself when I was stopped by the Revenue Protection Officer and since then, I have ensured I have paid full fare for every journey I have made. The consequences of my actions have weighed heavily on my mind since. I am concerned that a possible prosecution would ruin any future employment opportunities and I would really like to settle this out of court with a contribution towards the administration costs as compensation for my actions. I am regretful of the extra pressure and inconvenience caused to all involved and would like to make amends.. I’d like to end this letter by saying that I understand the gravity of my actions and will never travel without a valid ticket in future. I thank you for taking the time to read my response and I appreciate any leniency you can show in this matter.’
    • Hopefully this has done it, thank you for your help 2021_05_14 20_18 Office Lens-merged.pdf
    • In 2016 my business was subject to a fraud regarding a Rolex watch which we had taken in as part exchange from a local and well known customer. We took his steel Rolex and he paid a few thousand £s extra and bought a pre owned gold one from us.  Having bought his watch, part of the deal was we would not sell it until he returned from over wintering  in Australia after a few months. Upon his return he was planning to either part exchange the pre owned gold one back and buy a brand new version of it,  or he might like to simply  buy his original one back.  The watch therefore sat in my safe for nearly a year. At which point we attempted to contact the customer only to find his obituary. He was ill before he travelled so we suspect he knew he might not return.   It was a few weeks before Christmas so we put his (which was now ours) watch in the window (as it was) to sell and sold it within a few days. Had it not sold before Christmas we  would have sent it to Rolex for service and refurbishment, and subsequently offer it for a higher price in the spring (Rolex would also have identified it as fake). Two years later the customer that bought the watch returned it quite upset after he had sent it to a national watch buyer to sell, but was told it was a high end counterfeit (ie not your $20 Chinese throwaway, but one purposely manufactured to deceive).   After some checking ourselves, we refunded the customer and spoke with our insurers.   Our business insurance provided all risks cover with a few exclusions (terrorism etc) and was a very well known policy that many/most UK retail jewellers take up. Indeed we had held the policy for many years.  Fraud is an insured risk.   It is my view that a customer selling us a fake watch is a fraud. The broker enquired with underwriters and they have said it is not covered. I am not satisfied and have asked the broker to send me the wording of the policy so I can read the exclusions. I am told they have searched their archive but cannot find the policy so cannot send it to me. They have asked me if I have my copy? I haven't found my policy document either and fear I threw it away upon renewal. But wonder, if I do keep looking, whether it would be a good tactic to let them have my copy. We have been renovating the house for a year and the attic is absolutely chock a block with stuff, a thorough search through the old books would take a week or more.  I have suggested if they cannot find the wording sold with my policy they should settle the claim. Clearly they cannot reject the claim without the wording? It sounds odd to me that they even need to retrieve the policy to find the wording.    I am quite certain a claim for fraud is an insured risk. I guess somebody has to judge whether the transaction was fraudulent first though. I am quite happy to issue a summons if the insurers reject my claim by trying to suggest the risk was not covered (unless it obviously isn't), which is why we need the wording.   Comments and a strategy would be very useful to understand whether or how to proceed. The claim is for £3500.
    • So let’s say you won’t get more than 1 hour for lunch, so 48Hr/wk is your paid hours. That gives you 2496Hrs/yr at £20k yours hourly rate is £8.01/Hr.    if you are 21 or 22 you should be on £8.36 23 or over takes you to £8.91   so unless you are younger than 21 you are below minimum wage and they are breaking the law if those are the hours you are contracted for. 
    • you read UPLOAD use jpg to redact then convert and merge to PDF.
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    • Mediator point - Hermes lost my parcel and it is offering just a partial refund of the total amount requested. What's next?. https://www.consumeractiongroup.co.uk/topic/434633-mediator-point-hermes-lost-my-parcel-and-it-is-offering-just-a-partial-refund-of-the-total-amount-requested-whats-next/&do=findComment&comment=5109422
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
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Hi all,

 

Firstly, I'd just like to say how impressive this website and forum is. Thank you to all who have contributed!

 

Now, to the problem - I'm having trouble with Bannatyne's. 

 

I signed up for a rolling 1-month contract in Summer '19, and received a 'Welcome' email with, among other things, confirmation of my direct debit and a hyperlink (not attachment) to T&Cs.

 

In the direct debit section of the email, it states:

"You have the right to cancel your Direct Debit at any time"

 

I decided to cancel my membership in Nov '19 with a view of signing up again in Feb '20 (to avoid winter laziness and Jan busyness). After reading that quote, I cancelled my direct debit (without notifying Bannatyne's).

 

Now they are chasing me for >£200 in missed monthly payments and late fees.

 

I spoke with them about this and they offered to roughly half the debt.

 

Of course, the online T&Cs do state that I need to inform Bannatyne's that I wish to cancel, but I had stopped short of trawling through this online document when I read the above quote in my welcome pack.

(Having online T&Cs doesn't seem right in itself, as they can change the document between signup and present day.)

 

Do I have a case here? It seems to me that the information in the email constitutes as misleading, but I'm biased and you're the experts :)

 

Many thanks,

'James'

 

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I'm not sure that we have come across Bannatyne's before – but certainly, cancelling the direct debit is not the same as cancelling the contract.



We tend to find that gyms don't go to court – but we normally advise that you are bound to give them 30 days notice or payment in lieu.

As a matter of interest, how much of a proposing to charge you for "late fees"?

I would suggest that you send them one month's payment in lieu of notice and tell them that that is all you will be paying them.

However, standby for more specific confirmation from site team member @slick132

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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Sorry, it looks like I'm a bit out of touch.

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Hi Hmmmyes and welcome to CAG

 

We see Bannatynes now and then but not as often as other gyms.

 

See our Guide here about how to act in future - https://www.consumeractiongroup.co.uk/topic/383678-cancelling-your-gym-agreement-get-it-right/

 

 

Stay OFF the phone from now on and ignore any discussion about them accepting half of what you "owe". In time you may also hear from ARC Europe who you should also ignore.

 

Use one of my drafts from other threads and post a letter to the gym's head office offering to pay 1 month's fee for the notice you failed to give. And make the offer time-limited and conditional on them not demanding a higher amount. Send by post and get a free Cert. of Posting at the PO Counter when it's sent.

 

Put a draft here for checking first.

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We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Here's an example you could adapt by changing to the right gym and, instead of saying "Following Xercise4Less guidance ......" , you need to say "I now realise I should have given a month's notice and paid a final fee which I am now willing to pay."

 

https://www.consumeractiongroup.co.uk/topic/417942-xercise4less-crs-debt/?do=findComment&comment=5006931

 

Post the draft letter, spaced with para's for checking.

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We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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  • 11 months later...

open

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  • 1 month later...

Hi @slick132 / @BankFodder,

 

Apologies for only just getting round to responding - but better late than never, I figured.

 

Just a short note to say thank you very much for your responses last year. I think your site is incredibly empowering and the effort that you and the team put in to educating consumers is just awesome. Keep up the great work!

 

And purely as an FYI: As you predicted, I was contacted by ARC Europe shortly after your post, but after accidentally ignoring their email (due to covid distractions) they haven't chased since. If that does change, I will use your helpful template. Either way, thanks again!

 

'James'

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you block and bounce all emails from from anyone regarding 'debts'

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Hmyes,

 

Thanks for the update but don't use that template letter now - far too late and no longer appropriate.

 

If anyone comes after you with anything new, come back here for advice first.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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